Dedicated Internet Access (DIA) Service Level Agreement
This SLA describes the standards, rights and remedies regarding the performance of CBIT's Dedicated Internet Access Service that is provisioned as defined in the Service order. This SLA only applies to customers who have a term of contract of no less than one (1) year or any extensions thereof.
1. Definitions
A. CBIT's IP Network (Network) – This Service Level Agreement ("SLA") includes Customer's access port (the port on the CBIT aggregation router or CPE device upon which Customer's Service terminates) and the CBIT owned and controlled IP backbone network (routers and Services including any transit connections) ("CBIT IP Network"). This SLA does not include networks owned and/or controlled by other carriers; local access Service (e.g. local loop); Customer premise equipment (router or CPE); Customer's local area network (LAN); interconnections to or from and connectivity within other Internet Service Provider (ISP) networks.
B. Service Outage – is defined as a period time during which Customer demarcation UNI port (Ethernet hand-off) is unable to send or receive Internet traffic.
C. Network Availability – is defined as the time during a calendar month that the Service is available to Customer.
2. IP Network Service Level Agreement
A. A Service Outage begins when CBIT is notified of the failure. A Service Outage ends when the Service is restored as verified by CBIT's monitoring systems.
B. Network Availability (Availability) – 99.9%
- Network availability is defined as the time during a calendar month that the Service is available to Customer.
- CBIT guarantees within the rights and limits of this Service Level Agreement that the Network will be available to Customer 99.9% percent of the time.
3. Credit Limits
A. All Customer credits are based on a monthly billing cycle. Credits for network noncompliance will be credited to Customer's account within two (2) billing cycles. Credits are exclusive of any applicable taxes charged to Customer or collected by CBIT.
B. The provisions of this SLA state Customer's sole and exclusive remedy for Service interruptions or Service deficiencies of any kind whatsoever. Upon Customer's request and if duly approved by CBIT, the Service credit will be in an amount equal to a maximum of 50% of the Monthly Recurring Cost (MRC) for each individual Service outage. Customer's total Service credit(s) in any one month will not exceed the equivalent of 100% percent of the relevant MRCs for the affected Service for that month. Cumulative Service credits in any one-month must exceed $25.00 to be processed. If a Customer fails to notify CBIT in the manner set forth herein with respect to the applicable Service credits, Customer will have waived its right to such Service credits for that month. The Service credits will apply to the MRC of the affected Service and do not apply to MRC of other Services. To be eligible for Service credits, Customer must be in good standing with CBIT and current in all of its obligations.
C. In the event that CBIT is unable to satisfy the Network Service Standards and Performance Guarantees as defined in the SLA the following credits will apply:
| Service Outage Length/Month | Credit per Service |
|---|---|
| 5 minutes or less | None |
| Between 5 minutes and 2 hours | 5% of the MRC of the Service |
| Each hour above 2 hours | An additional 5% of the MRC of the Service, capped at 50% of the MRC for any single Service outage within a calendar month. |
4. SLA Reporting Procedure
A. Customer must open a trouble ticket by emailing support@gocbit.com or calling 509-578-5424 when Customer believes a Service outage has occurred in order to have the network unavailability eligible for consideration for a Service credit. Upon notification from Customer, CBIT will open a trouble ticket, test the affected Service and attempt to isolate the problem. CBIT's records and data will be the sole basis for all Service credit calculations and determinations.
B. Customer will not be entitled to any Service credits for Service unavailability unless Customer has opened a trouble ticket and requested the Service credit within one (1) week of the Service unavailability. Service credit requests may be initiated by calling CBIT at 509-578-5424, or emailing CBIT at accounting@gocbit.com.
5. Service Level Exemptions
A. The Minimum Service Levels set forth above do not include periods of Service interruption or issues caused in whole or in part by any act or omission by Customer, its officers, directors, employees, subcontractors, agents, or any other entity under Customer's control; and/or any circumstance beyond CBIT's reasonable control including Internet attacks (denial of Service, virus and work activity, etc.); force majeure events; Customer power failures; the failure or malfunction of Customer's equipment, network or systems; circumstances or causes beyond the control of CBIT or its agents; during any period in which CBIT is not given access to the Service premises; planned Service outage, an unscheduled emergency maintenance; scheduled maintenance; force majeure events; delays caused by a lack of Customer support; or an installed Service that has not been accepted by Customer.
B. In the event that there are conflicts between items listed in 5A and a Customer executed Internet Service Agreement (ISA) the ISA shall prevail.
C. In addition to any applicable credits set forth above, Customer may terminate and discontinue affected Service prior to the end of the Service Term without payment of any applicable termination charge if any Service fails to meet Service Levels for three (3) months during any six (6) consecutive month period.
6. System Restoration
A. CBIT and Customer will cooperate in the isolation of Service level issues and to resolve performance deficiencies.
B. Customer shall provide necessary access to all CBIT equipment locations.
C. CBIT shall perform all restoration and repair functions on its system and facilities twenty-four (24) hours per day, seven (7) days per week and three hundred sixty-five (365) days a year, subject to any applicable access requirements and the collocation license agreements between the Parties.
D. Maintenance and repair of CBIT's network will be performed so as to meet the specifications set out in this Agreement.
E. In the event of Service Outage CBIT will make every effort to restore Customer's Service within four (4) hours after the outage begins.